If It Ain't Clear, It Ain't There!
Suppose the following lead sentences appear in the statement of facts of an appellate brief. What's wrong with them? "On July 28, 2014, the trial court found for Mega Big Corporation (hereafter…
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Win for Ardaiz
The March 30th Daily Journal, on page 1, reports that M.A.T. Team Member Jim Ardaiz was co-counsel in a trial that just resulted in a $25 million jury verdict for his client. Rio Mesa Holdings, LLC,…
Attacks on Opposing Counsel Can Undermine Your Credibility
I once picked up an opposing brief in an appeal I handled. My opponent made some good points, substantively. But the Justices might have trouble getting past his nasty tone. He called our…
How Trial Lawyers Can Help Appellate Lawyers Win
Moskovitz Appellate Team handles appeals and writs. We’re pretty good at it, but we can’t change the trial court record. We’re stuck with the one you create. Whether we win depends a lot on the recor…
New Book on Appeals & Writs
LexisNexis has just published my new book, Moskovitz On Appeal. I asked several appellate experts to review my semi-final draft of this book. Their comments were extremely helpful. And I appreciate…
M.A.T. Obtains 9TH Circuit Reversal
We just obtained a reversal from the 9th Circuit in a rather interesting case: Uthe Technology Co. v. Aetrium Inc. (9th Cir. 2015) 808 F.3d 755. Our client, Uthe Corporation, is a New Jersey…
The Best Time to Hold a Moot Court
Many appellate lawyers practice their oral arguments at moot courts. A moot court lets you try out your arguments and get some helpful feedback from a panel of ersatz judges. Lawyers usually…